385Certain operators of airports and ports to provide operating areas, accommodation, facilities, etc

1. The operator of an airport or a port that is subject to a designation under section 382 must provide and maintain the operating areas, accommodation, facilities, buildings, equipment, and storage in the airport or port as the chief executive determines is reasonably necessary and suitable for carrying out immigration functions in relation to people arriving in and departing from New Zealand.

2. The chief executive must, when making a determination in relation to an airport under subsection (1), have regard to any regulatory airport spatial undertaking given by the airport operator under subpart 3 of Part 7 of the Civil Aviation Act 2023 that is in effect.

3. The operator of the airport or port may impose a reasonable charge or charges on the Department for providing the operating areas, accommodation, facilities, buildings, equipment, and storage required by the chief executive under subsection (1), but no charge may be imposed on the Department in respect of any operating area used for the processing of persons arriving in or departing from New Zealand (including any area used for the purposes of ensuring that a person is placed on the first available craft leaving New Zealand).

4. Subsection (2) applies despite anything to the contrary in the Airport Authorities Act 1966 or Part 7 of the Civil Aviation Act 2023.

Compare

• 1996 No 27 s 18(1), (2), (3)(a)

Notes

• Section 385(1A): inserted, on 5 April 2025, by section 486 of the Civil Aviation Act 2023 (2023 No 10).
• Section 385(3): amended, on 5 April 2025, by section 486 of the Civil Aviation Act 2023 (2023 No 10).